UNITED INDEPENDENT LAUNDRIES, INC., DOING BUSINESS AS INDEPENDENT LAUNDRY,
v.
NELLIE HOLDEN, A MINOR, BY HER FATHER AND NEXT FRIEND, JOHN HOLDEN
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The Florida Supreme Court addressed whether a writ of error could be taken to an order granting a new trial, even when that order also included a motion for repleader. The court held that the writ of error was permissible and denied a motion to dismiss it.
Yes, the statute authorizes a writ of error to an order granting a new trial, and the inclusion of an order for repleader does not negate this right.
“The statute authorizes a writ of error to the order granting a new trial; and the fact that a repieader was ordered at the same .time the .order granting a new trial was nude, does not deprive the defendant of a right to take writ of error to the order granting a new trial, though such writ of error may have the effect of making the order for repleader subject to the appellate judgment on the writ of error to the order granting a new trial.”
This quote establishes the court's reasoning for allowing the writ of error despite the accompanying repleader order.
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Join FLexlaw to unlock all legal intelligenceIn a personal injury action, the trial court entered a verdict for the defendant and a judgment. Subsequently, the court issued a general order that g…
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In an action in the circuit court for personal injuries there was a verdict for the defendant and a judgment thereon. On motions filed the court granted a motion for new trial on the fifth ground of the motion; denied a motion for judgment non obstante veredicto; granted a motion for repieader on the third and sixth grounds of the motion and vacated the verdict and judgment for the defendant. The above and also other orders were included in one general order. A writ of error was taken by the defendant under the statute (Section 4615, Compiled General Laws of 1927) to the order granting a new trial, and errors are assigned on such order granting a new trial.
The statute authorizes a writ of error to the order granting a new trial; and the fact that a repieader was ordered *339at the same .time the .order granting a new trial was nude, does not deprive the defendant of a right to take writ of error to the order granting a new trial, though such writ of error may have the effect of making the order for repleader subject to the appellate judgment on the writ of error to the order granting a new trial.
Motion to dismiss the writ of error denied.
Terrell, C. J„ and Whitfield, Brown, Buford, Chapman, and Thomas, J. J., concur.